Professional Underwriters Inc. Risk Management Seminar March 2017 Bodily Injury Claims and the Design Professional What would you do? Professional Underwriters Inc. Risk Management Seminar March 2017
Navigators Team Roseanne DeBellis Allison Esrig Senior Claims Counsel | Danbury, CT Allison Esrig Vice President | Ellicott City, MD Disclaimer: This material is for informational purposes only, and nothing contained herein should be considered the rendering of legal advice or determination of coverage. You should always consult with an attorney before acting on anything contained in this material, as facts and circumstances will vary from case to case. Comments and opinions are based on The Navigators Group’s experience in loss prevention and on the general scope of insurance coverage offered under the Navigators Insurance Company ‘s policy.
Introduction What would you do? Review five bodily injury claims Construction observation and site safety reminders Contract recommendations Insurance coverages
There is an injury on your project! What now? Notify your insurance agent/carrier Do not accept responsibility or admit fault Gather your project documentation, especially your contract Keep your distance
Claim Study #1 Discipline: Architect Project: Conversion of an aircraft hangar into an auto repair training facility Services: Prepare preliminary floor plans for the renovation project Facts: 70 Students assisted with the demolition of the hangar which contained asbestos material Claimed damages: $37 Million
Claim Study #2 Discipline: Structural Engineer Project: Renovation of a pharmaceutical plant Services: Provide structural engineering designs and limited site visits Facts: Subcontractor was electrocuted when utilizing drilling equipment at the project Claimed Damages: $27 Million
Claim Study #3 Discipline: Land surveyor Project: School playground Services: Providing surveying services for the school with the control point set by our insured Facts: “Trip and fall” by a kindergarten teacher who allegedly tripped on a control point in an elementary school playground Claimed Damages: $1 Million
What Would You Do? Fight or Settle?
Construction Observation and Site Safety Reminders Contractually exclude jobsite safety responsibility If you observe a dangerous situation on a jobsite: Alert those in immediate danger Remove your staff from the danger zone Verbally notify the person responsible for safety onsite Provide immediate notification in writing to the owner and contractor of your observation Remember your scope of services DO NOT STOP CONSTRUCTION OR RECOMMEND A SOLUTION!
Limit Scope of Services in a Contract Specify what you will do Specify what you will not do Additional services extra Do not accept responsibility for jobsite safety
Claim Study #4 Discipline: Structural engineer Project: Casino parking garage Services: Assessing and repairing connections to columns that served as safety barriers inside the garage Facts: Casino patron drove into a barrier of a parking garage and fell off the 5th level sustaining serious injuries Claimed Damages: Unknown
What Would You Do? Peer Review?
Claim Study #5 Discipline: Architect Project: Renovation of an older building into a retail space Services: Architectural design and construction observation services Facts: Removal of a load bearing wall without additional support causing the building to collapse which led to the death of a contractor Claimed Damages: Not looking good
The Importance of Having Both Professional Liability and General Liability Coverage Ask PUI for Insurance Recommendations!
Conclusion Bodily injury claims happen Fight the claim when it makes sense Even without clear liability, settlement may be the best choice Utilize resources and peer review to prevent errors Protect yourself contractually and carry insurance
Questions? Roseanne DeBellis Senior Claim Counsel (203) 546-2082 rdebellis@navg.com Allison Esrig Vice President (443)364-5940 aesrig@navg.com